Waivers of Inadmissibility
A person ineligible for admission to the United States or for adjustment of status may obtain lawful admission by filing an application for a waiver of grounds of inadmissibility.
Eligible Persons
Both immigrants (intending permanent residents) and nonimmigrants (temporary visitors) can apply for waiver of most grounds of inadmissibility, although the chances of success will vary based on the ground of inadmissibility and what is called the “equities” of the case. That is, it is often important and necessary to show ties to the United States (e.g., family members or having been a long-time resident) and to give the impression that, on balance, an exception is fairer than a denial. If possible, also show that allowing the person to stay will be advantageous to the U.S. in some way.
Grounds for Inadmissibility
An eligible alien may apply for an exception (waiver) only on the following “grounds of inadmissibility”:
- Not possessing the necessary documentation such as green cards, passports or U.S. visas.
- Health-related grounds such as communicable diseases and behavioral disorder
- Certain criminal grounds, such as crimes of “moral turpitude,” controlled substances, prostitution and other serious crimes
- Immigration fraud or misrepresentation
- Membership in a totalitarian party
- Alien smuggling
- Unlawful presence in the U.S.
- Certain grounds of inadmissibility if filed by a Temporarily Protected Status applicant
- Inadmissibility based on prior deportation or unlawful presence after prior immigration violations (HRIFA and NACARA applicants) Unlawful presence after a prior immigration violation (VAWA petitioner's own)
- The possibility of becoming a public charge - in jail, or receiving public benefits (wellfare)
Required Documents
The applicant is responsible for complying with all requirements to obtain a waiver of inadmissibility and must demonstrate that he/she is deserving of the relief requested. Depending on the type of waiver requested, the applicant will need to submit the following documents:
- Written legal or other statements from the foreign national in support of the application.
- Police reports from your home country
- All court records of any convictions or charges from any country Evidence of rehabilitation, if necessary
- Evidence showing that granting a waiver would not be a public or national risk
- Medical reports
- Evidence of assault or extreme cruelty
Reasons for granting exceptions (waivers)
In general, waivers of inadmissibility are granted for the following reasons:
- Extreme hardship to qualifying family members
- Risks to the public are minimal
- Exception is for humanitarian purposes
- Waiver of public interest
- Exception would maintain family unity
